Notice2022-17895
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 19, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD) is issuing a public notice of its intent to create the Office of Single Family Program Development Privacy Act system of records, "Credit Alert Reporting Verification System (CAIVRS)", CAIVRS was developed by the HUD in June 1987 as a shared database of defaulted Federal debtors and enables processors of applications for Federal credit benefit to identify individuals who are in default or have had claims paid on direct or guaranteed Federal loans or are delinquent on other debts owed to Federal agencies. The purpose of this system is to enable program agencies to prescreen their borrowers and to broaden the Federal Government's base in determining an applicant's creditworthiness. Some of these factors include: verifying loan applicants are not in default or delinquent on direct or guaranteed loans of participating Federal programs, providing authorized users with a means to prescreen applicants for Federal credit benefit in order to avoid extending benefits to individuals who are considered credit risks, and demonstrating to the public the importance of meeting Federal obligations and its commitment to collecting delinquent debt. CAIVRS is included in the HUD's inventory of record systems.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 160 (Friday, August 19, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Notices]
[Pages 51119-51122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17895]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7062-N-14]
Privacy Act of 1974; System of Records
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of Housing and Urban Development (HUD) is
issuing a public notice of its intent to create the Office of Single
Family Program Development Privacy Act system of records, ``Credit
Alert Reporting Verification System (CAIVRS)'', CAIVRS was developed by
the HUD in June 1987 as a shared database of defaulted Federal debtors
and enables processors of applications for Federal credit benefit to
identify individuals who are in default or have had claims paid on
direct or guaranteed Federal loans or are delinquent on other debts
owed to Federal agencies. The purpose of this system is to enable
program agencies to prescreen their borrowers and to broaden the
Federal Government's base in determining an applicant's
creditworthiness. Some of these factors include: verifying loan
applicants are not in default or delinquent on direct or guaranteed
loans of participating Federal programs, providing authorized users
with a means to prescreen applicants for Federal credit benefit in
order to avoid extending benefits to individuals who are considered
credit risks, and demonstrating to the public the importance of meeting
Federal obligations and its commitment to collecting delinquent debt.
CAIVRS is included in the HUD's inventory of record systems.
DATES: Comments will be accepted on or before September 19, 2022. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments identified by docket number by any
of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#3f484848114f4d56495e5c467f574a5b11585049"><span class="__cf_email__" data-cfemail="93e4e4e4bde3e1fae5f2f0ead3fbe6f7bdf4fce5">[email protected]</span></a>.
Mail: Attention: Ladonne White, Department of Housing and Urban
Development, 451 Seventh Street SW, Room 10139, Washington, DC 20410-
0001.
Instructions: All submissions received must include the agency name
and docket number [Insert Docket Number] for this rulemaking. All
comments received will be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Ladonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). Individuals who are hearing- or
speech-impaired may access this telephone number via TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: Single Family Program Development maintains
the ``CAIVRS (F57)'' system of records. The purpose of this system is
to enable program agencies to prescreen their borrowers and to broaden
the Federal Government's base in determining an applicant's
creditworthiness. Some of these factors include: verifying loan
applicants are not in default or delinquent on direct or guaranteed
loans of participating Federal programs, providing authorized users
with a means to prescreen applicants for Federal credit benefit in
order to avoid extending benefits to individuals who are considered
credit risks, and demonstrating to the public the importance of meeting
Federal obligations and its commitment to collecting delinquent debt.
CAIVRS is included in the HUD's inventory of record systems. The system
contains borrowers with delinquent Federal debt and allows Federal
agencies to reduce the risk of future credit default to Federal insured
or guaranteed loan programs.
SYSTEM NAME AND NUMBER:
Credit Alert Reporting Verification System (CAIVRS)--HUD/PIH 01.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
CAIVRS is located and operated at NASA's John C. Stennis Space
Flight Center, located at 1100 Balch Boulevard, Stennis Space Center,
MS 39529-0001.
SYSTEM MANAGER(S):
Director, Office of Single-Family Program Development, United
States
[[Page 51120]]
Department of Housing and Urban Development, 451 7th St. SW,
Washington, DC 20410-1000. Elissa Saunders (202-402-2378 [verbar]
<a href="/cdn-cgi/l/email-protection#cf8aa3a6bcbcaee180e19caebaa1abaabdbc8fa7baabe1a8a0b9"><span class="__cf_email__" data-cfemail="bbfed7d2c8c8da95f495e8daced5dfdec9c8fbd3cedf95dcd4cd">[email protected]</span></a>)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 203, National Housing Act, P.L. 73-479 (12 U.S.C. 1709);
Section 255, National Housing Act, P.L. 73-479 (12 U.S.C. 1701z-20);
Section 165, Housing and Community Development Act of 1987, P.L. 100-
242 (42 U.S.C. 3543); Section 31001, Debt Collection Act of 1996 as
amended, P.L. 104-134 (31 U.S.C. 7701); and Section 31001, Debt
Collection Act of 1996 as amended, P.L. 104-134 (31 U.S.C. 3720B).
Office of Management and Budget (OMB) Circulars A-129 (Policies for
Federal Credit Programs and Non-Tax Receivables); the Budget and
Accounting Acts of 1921 and 1950, as amended; the Debt Collection Act
of 1982, as amended; the Deficit Reduction Act of 1984, as amended, and
the Debt Collection Improvement Act of 1996, as amended.
PURPOSE(S) OF THE SYSTEM:
The purpose of CAIVRS is to ensure participating Federal agencies
and their authorized lenders will comply with the legal requirement to
verify individuals applying for a federally backed loan, or other aid,
are not presently delinquent on another Federal obligation. CAIVRS is a
shared, inter-agency database managed by HUD where participating
agencies are required to report delinquent federal debt.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individual borrowers who have applied for Federal housing loans and
have fallen delinquent.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, Date of Birth, Email Addresses, Employee Identification
Number, Home Address, Mother's Maiden Name, Social Security Number/
Taxpayer ID Number (SSNs and TINs), FHA Case Number, and Work Address.
RECORD SOURCE CATEGORIES:
F17C-FHA Connection (User ID and Password management), F71-Debt
Collection and Asset Management System--Title I, F71A-Debt Collection
and Asset Management System--Generic Debt, P278-Lender Electronic
Assessment Portal, A75R--Financial Data Mart, VA-Department of Veteran
Affairs Accounts Receivable Records 88VA244, SBA-Small Business
Administration Disaster Loan Case File and Loan System, ED-Department
of Education Common Services for Borrowers, USDA-United States
Department of Agriculture Applicant, Borrower, Grantee, or Tenant File
(Rural Development), DOJ-Department of Justice Debt Collection
Enforcement System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, as amended, the records contained
herein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
(A) To a congressional office from the record of an individual, in
response to an inquiry from the congressional office made at the
request of that individual.
(B) To Federal, State, and local agencies, their employees, and
agents to conduct computer matching programs as regulated by the
Privacy Act of 1974, as amended (5 U.S.C. 552a)
(C) To Federal agencies, non-Federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom HUD has a contract, service agreement,
grant, cooperative agreement, or computer matching agreement for: (1)
detection, prevention, and recovery of improper payments; (2) detection
and prevention of fraud, waste, and abuse in major Federal programs
administered by a Federal agency or non-Federal entity; (3) detection
of fraud, waste, and abuse by individuals in their operations and
programs, but only if the information shared is necessary and relevant
to verify pre-award and prepayment requirements before the release of
Federal funds, prevent and recover improper payments for services
rendered under programs of HUD or of those Federal agencies and non-
Federal entities to which HUD provides information under this routine
use.
(D) To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, or cooperative agreement, when necessary to
accomplish an agency function, related to a system of records, for the
purposes of statistical analysis and research in support of program
operations, management, performance monitoring, evaluation, risk
management, and policy development, or to otherwise support the
Department's mission. Records under this routine use may not be used in
whole or in part to make decisions that affect the rights, benefits, or
privileges of specific individuals. The results of the matched
information may not be disclosed in identifiable form.
(b) To a recipient who has provided the agency with advance,
adequate written assurance that the record provided from the system of
records will be used solely for statistical research or reporting
purposes. Records under this condition will be disclosed or transferred
in a form that does not identify an individual.
(E) To contractors, grantees, experts, consultants and their
agents, or others performing or working under a contract, service,
grant, or cooperative agreement with HUD, when necessary to accomplish
an agency function related to a system of records. Disclosure
requirements are limited to only those data elements considered
relevant to accomplishing an agency function. Individuals provided
information under these routine use conditions are subject to Privacy
Act requirements and disclosure limitations imposed on the Department.
(F) To contractors, experts, and consultants with whom HUD has a
contract, service agreement, or other assignment of the Department,
when necessary to utilize data to test new technology and systems
designed to enhance program operations and performance.
(G) To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed there has breached the system of records; (2)
HUD has determined that because of the suspected or confirmed breach
there is a risk of harm to individuals, HUD (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with HUD's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
(H) To another Federal agency or Federal entity, when HUD
determines that information from this system of record is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal government, or national security
[[Page 51121]]
resulting from a suspected or confirmed breach.
(I) (a) To appropriate Federal, State, local, tribal, or
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where HUD determines that the information would help to
enforce civil or criminal laws.
(b) To third parties during a law enforcement investigation, to the
extent to obtain information pertinent to the investigation, disclosed
such information is appropriate to the proper performance of the
official duties of the officer making the disclosure.
(J) (a) To a court, magistrate, administrative tribunal, or
arbitrator while presenting evidence, including disclosures to opposing
counsel or witnesses in civil discovery, litigation, mediation, or
settlement negotiations; or in connection with criminal law
proceedings; or in response to a subpoena or to a prosecution request
when such records to be released are specifically approved by a court
provided order.
(b) To appropriate Federal, State, local, tribal, or governmental
agencies or multilateral governmental organizations responsible for
investigating or prosecuting the violations of, or for enforcing or
implementing, a statute, rule, regulation, order, or license, where HUD
determines that the information would help to enforce civil or criminal
laws.
(c) To third parties during a law enforcement investigation to the
extent to obtain information pertinent to the investigation, provided
disclosure is appropriate to the proper performance of the official
duties of the officer making the disclosure.
(d) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has
made a written request to the agency that maintains the record,
specifying the particular portion desired and the law enforcement
activity for which the record is sought.
(K) To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, when HUD determines that the use
of such records is relevant and necessary to the litigation and when
any of the following is a party to the litigation or have an interest
in such litigation: (1) HUD, or any component thereof; or (2) any HUD
employee in his or her official capacity; or (3) any HUD employee in
his or her individual capacity where the Department of Justice or
agency conducting the litigation has agreed to represent the employee;
or (4) the United States, or any agency thereof, where HUD determines
that litigation is likely to affect HUD or any of its components.
(L) To match system users for security purposes. User-provided PII
may be shared with HUD departmental enforcement offices and other
Federal, state, local or tribal law enforcement agencies if there is
reason to believe that a user provided false information to obtain
access to the system, and that providing such information would help
enforce civil or criminal laws.
(M) With the United States Department of Veterans Affairs (VA), to
pre-screen applicants to determine if they are presently delinquent on
any Federal debt reported by a participating agency, and to determine
if they are eligible for a new federally backed loan or grant.
With the United States Small Business Administration (SBA) to pre-
screen applicants to determine if they are presently delinquent on any
Federal debt reported by a participating agency, and to determine if
they are eligible for a new federally backed loan or grant.
With the United States Department of Education to pre-screen
applicants to determine if they are presently delinquent on any Federal
debt reported by a participating agency, and to determine if they are
eligible for a new federally backed loan or grant.
With the United States Department of Agriculture (USDA) to pre-
screen applicants to determine if they are presently delinquent on any
Federal debt reported by a participating agency, and to determine if
they are eligible for a new federally backed loan or grant.
With the United States DOJ to pre-screen applicants to determine if
they are presently delinquent on any Federal debt reported by a
participating agency, and to determine if they are eligible for a new
federally backed loan or grant.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic only.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Name and Social Security Number/Taxpayer ID Number (SSNs and TINs).
POLICIES AND PRACTICIES FOR RENTENTION AND DISPOSAL OF RECORDS:
All records related to Federal Housing Administration (FHA)
Mortgage Credit Alert report will be destroyed according to HUD
Schedule Appendix 20 Single Family Home Mortgage Insurance Program
Records, item 13B6 which states the following, destroy when superseded
or obsolete. All records related to FHA Mortgage Credit Verification
will be destroyed according to HUD Schedule Appendix 5 Technical
Support Records, item 7 which states the following, destroy when
superseded or obsolete.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
CAIVRS and its data are located on centralized servers within
Federal facilities with access control in place. Physical controls
include cypher and combination locks, key card-controlled access,
security guards, closed circuit TV, identification badges, and safes.
Administrative controls include encryption of back-up data, back-ups
secured off-site, methods to ensure only authorized users have access
to PII, periodic security audits, regular monitoring of system users'
behavior. Technical controls include encryption of Data at Rest and in
Transit, firewalls at HUD and each reporting agency, role-based access
controls, user IDs and passwords, Least Privileged access, elevated
and/or administrative privileged access, PIV cards, intrusion detection
systems. Additional measures to safeguard the system include role-based
Privacy Act training required for HUD personnel responsible for CAIVRS
system program management, IT security monitoring by the US Department
of Housing and Urban Development and the US Department of Homeland
Security.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in writing to the
Department of Housing and Urban Development, Attn: FOIA Program Office,
451 7th Street SW, Suite 10139, Washington, DC 20410-0001 or by
emailing <a href="/cdn-cgi/l/email-protection#f4929b9d95b49c8190da939b82"><span class="__cf_email__" data-cfemail="ea8c85838baa829f8ec48d859c">[email protected]</span></a>. Individuals must furnish the following
information for their records to be located:
1. Full name.
2. Signature.
3. The reason why the individual believes this system contains
information about him/her.
4. The address to which the information should be sent.
[[Page 51122]]
CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures below.
NOTIFICATION PROCEDURES:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name, position title and office
location at the time the accommodation was requested, and a mailing
address to which a response is to be sent.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2022-17895 Filed 8-18-22; 8:45 am]
BILLING CODE 4210-67-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 19, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.